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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] On November 4, 2010, the Defendant was sentenced to a fine of KRW 1 million for a crime of violating road traffic law (drinking driving) at the Jung-gu District Court on November 4, 2010. On February 17, 2015, the Defendant was sentenced to a fine of KRW 3.5 million for the same crime in the same court.
【Criminal Facts】
1. On November 29, 2016, at around 15:30, the Defendant driven C CCCB car with approximately KRW 0.083% alcohol concentration in blood without a vehicle driver’s license from the front of the Drown-gu apartment site located in the Dongbcheon-si, Dongbcheon-si, to the front day of the Jinjin-gu, 48-1, in the same city-based air route.
2. At the same time and place as indicated in the above paragraph 1, Defendant 1 was sent to the left left at the time and at the time of signalling to the left-hand turn, and at the same time and place as indicated in the above paragraph 1, Defendant 2 was discovered as a violation of signal E from the process of service at the same 112 patrol patrol units at the same time and was demanded to present a driver’s license.
The Defendant, “Is the left-hand turn on the left-hand turn, but Isson’s violation of the signal;
C. Whether swellings do not know well
"I am to the direction of "I am in the direction of "I am to the driving license without presenting a driver's license."
On the other hand, the police officer in charge explained that the left turn at the time of the red signal constitutes a violation of the signal, and requested the defendant to present his driver's license.
While the defendant's refusal to produce a driver's license, the defendant laid the hand of the police officer who intends to do so by drinking alcohol in the defendant's entrance, and pushed the chest and shoulder of the above police officer.
Accordingly, the police officer arrested the defendant in the act of drinking alcohol, interference with the performance of official duties, etc., and committed assault, such as the above police officer's hand and chest, who tried to keep the defendant in resistance while continuing to resist.
Accordingly, the defendant has a legitimate duty to regulate the traffic of police officers and arrest of flagrant offenders.